(a) The Child Support Enforcement Division (CSED) establishes support for a prior period.

• (1) When paternity is being established by court order or when paternity has been previously established by a signed Form 03PA209E, Acknowledgment of Paternity, CSED establishes current support and support for a prior period at the same time under Sections 83 and 7700‑636 of Title 10, Sections 118 and 119 of Title 43, and Section 238.6B of Title 56 of the Oklahoma Statutes.  • 1
• (2) When a child(ren) is born during a marriage and no order addressing support for a prior period exists, CSED establishes support for a prior period under Sections 118 and 119 of Title 43 and Section 238.1 of Title 56 of the Oklahoma Statutes.   • 1 
  • (A) CSED establishes support for a prior period under this subsection only when:
    • (i) current child support is sought; and
    • (ii) Temporary Assistance for Needy Families (TANF) has been expended in any month during the past five years.
  • (B) CSED may issue a Notice of Support Debt or file a district court action to establish support for a prior period.  CSED limits this prior period to the number of months on TANF during the five years immediately before the date CSED issues the Notice of Support Debt, or files the district court action.

(b) When a child support order is entered against a minor noncustodial parent, CSED establishes support for a prior period under the criteria for establishing current child support described in OAC 340:25-5-178.  CSED establishes a monthly payment plan amount of at least $1 a month.

(c) CSED does not establish an order for support for a prior period on an incarcerated noncustodial parent.  CSED requests the court reserve the issue of child support for a prior period.

(d) When CSED establishes an order for support for a prior period for a child of a noncustodial parent or a custodial person who is a servicemember, CSED applies the provisions of the Servicemembers Civil Relief Act, codified in Sections 501 through 596 of Title 50A of the United States Code.  • 2

(e) When the noncustodial parent is a current TANF or Supplemental Security Income (SSI) recipient and:

• (1) CSED has information that the noncustodial parent had no obligation based on the child support guidelines for the prior time period,  CSED requests the court set the judgment at $0.00; or
• (2) CSED determines that a debt may be owed for a prior period, CSED requests the court reserve the issue of support for a prior period until the noncustodial parent is no longer receiving TANF or SSI.